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r.nM_CTJ211P. TMAI <br />100% - Quality <br />100 Employee Owned <br />Over 100 Years <br />5.9 Return to Dutv Testing A return to duty test will be required for all employees who have violated this policy <br />(test positive or -refuse- to test). The employee may not return to duty until he or she passes (tests negative) a drug test <br />and/or tests below any measurable level for breath alcohol and the MRO, or SAP, and Rieth=Riley have determine-d - - - - that the employee may return to duty. <br />5.10 Follow-u Testinz Any employee who has returned to work following a violation of this policy will be <br />subject to fo ow -up testing. Rieth-Riley will require,_ at a minimum, six (6) folfow-up tests within the first twelve <br />(12J months following an employee's return to work. Frequency of testing thereafter will be based on the <br />recommendations of -the SAP. CMV Drivers will be tested in accordance with DOT regulations and the <br />recommendations of the SAP. <br />5.11 Dilute Retesting <br />5.11.1 If a pre -employment dilute drug test result, regulated (DOT) or non -regulated, is reported by the MRO, <br />it is required that all job candidates submit to another drug test as soon as the HRD can arrange it. A second dilute <br />will be considered a positive and the job candidate will not be hired. <br />5.11.2 If an employee submits to a non -regulated (DOT) drug test and it is reported by the MRO as a dilute test, <br />then it is required that the employee submit to another drug test as soon as the HRD cari arrange it. The employee -- - - - - - - <br />will be provided with a Dilute Form and the employee will be required to sign the form. A second dilute will <br />result in termination of employment. <br />5.11.3 If an employee submits to a regulated (DOT) drug test and it is reported by the MRO as a dilute test, the <br />results of the test will be the results of record. If negativeVut dilute, no further action will be required. If positive <br />but dilute, the test will be treated as a positive and all policy requirements for a positive test will be followed. <br />6.0 EMPLOYEE ASSISTANCE PROGRAM ("EAP") <br />6.1 Initial Evaluation <br />6.1.1 The SAP will provide a comprehensive face-to-face assessment and clinical evaluation and recommend a <br />course of education and/or treatment with which the employee must demonstrate successful compliance prior to <br />returning to DOT safety -sensitive duty. <br />6.1.2 Neither Rieth-Riley nor an employee may seek or rely upon a second SAP evaluation, if the employee <br />already has been evaluated by a qualified SAP. <br />6.1.3 No one may change the SAYS initial evaluation, except that the SAP who made the evaluation may modify <br />the evaluation based on new or additional information. <br />6.2 Referral The SAP will serve as a referral source to assist the employee's entry into an education and/or treatment <br />program. <br />6.3 Follow -Up Evaluation <br />6.3.1 The SAP will re-evaluate the employee to determine if the employee has successfully carried out the SAP's <br />education and/or treatment recommendations. In order to do so, the SAP must: <br />A. Confer with or obtain appropriate documentation from the appropriate education anti/or treatment <br />program professionals where the employee was referred; and <br />B. Conduct a face -to face clinical interview with the employee to determine if the employee demonstrates <br />successful compliance with the SAP s initial evaluation recommendations. <br />6.3.2 If the employee has demonstrated successful compliance, the SAP shall provide a written report directly <br />to the DER, highlighting the SAP's clinical determination that the employee has complied with the initial <br />evaluation recommendation. <br />6.3.3 If the employee has not demonstrated successful compliance with the SAP's recommendations, the SAP <br />will provide written notice directly to the DER. After receiving the SAP's written notice, Rieth-Riley will not <br />return the employee to the performance of safety -sensitive duties. <br />6.3.4 The SAP may conduct additional follow-up evaluations if Rieth-Riley determines that doing so is <br />consistent with the employee's progress as the SAP has reported it and with Rieth-Riley's policy and the CBAs <br />with the unions. <br />6.4 Additional Treatment, Aftercare or Support Group Services <br />6.4.1 If the SAP believes that ongoing services (in addition to follow-up tests) are needed to assist an employee <br />to maintain sobriety or abstinence from drug use after the employee resumes the performance of safety -sensitive <br />duties, the SAP must provide recommendations for these services in the follow-up evaluation report. <br />6A.2 As an employer receiving a recommendation for these services from a SAP, Rieth-Riley may, as part of a <br />return -to -duty agreement with the employee, require the employee to participate <br />in the recommended services. The SAP may monitor and document the employee's participation in the <br />recommended services. Rieth-Riley may make use of EAP services in assisting and monitoring employees' <br />compliance with SAP recommendations. <br />6.4.3 Employees are obligated to comply with SAP recommendations for these services.'If the employee fails or <br />refuses to comply, the employee maybe subject to disciplinary action up to and including termination. <br />7.0 DISCIPLINARY PROCEDURES <br />